Patna High CourtCR. MISC./84008/2024bail granted

Sonu Kumar Tatwa v. The State Of Bihar

2024-12-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84008 of 2024 Arising Out of PS. Case No.-362 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Sonu Kumar Tatwa Son of Shri Bhagwan Tatwa Resident of Village - Nimej, Police Station - Brahmpur, District - Buxar ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Brahampur P.S. Case No. 362 of 2024 dated 26.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 77.580 litres of illicit foreign liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is owner of one of the motorcycles but the said motorcycle was not being driven by

Patna High Court CR. MISC. No.84008 of 2024(2) dt.04-12-2024 2/2 the petitioner at the time of the alleged occurrence. The other co-accused persons have already been granted bail by this court vide order dated 09.09.2024 passed in Cr. Misc. No. 64002/2024 The petitioner has no concern with the alleged recovery. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with Brahampur P.S. Case No. 362 of 2024..

7. The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U T